Personal Injury

How Long Do I Have to File a Personal Injury Claim in Mississippi?

By
Benjamin U. Bowden
on
October 22, 2024

In Mississippi, personal injury claims are governed by specific deadlines known as the statute of limitations. Missing this deadline could mean losing your right to compensation, so it’s important to understand the timeline and act quickly. At Ben Bowden, PC, our Gulfport personal injury lawyers are here to help ensure that your claim is filed on time and with the best possible chance of success. Let’s take a look at the basics.

Mississippi’s Statute of Limitations for Personal Injury Claims

In most personal injury cases in Mississippi, the statute of limitations is three years from the date of the injury. This means you have three years to file a lawsuit in civil court for damages related to your injuries. The clock starts ticking from the date of the accident or injury, and once this time period expires, you will likely lose the ability to pursue legal action, regardless of the severity of your injuries.

Important Exceptions for Personal Injury Claims

However, there are some exceptions to this rule:

  • Minors: If the injured party is a minor (under 21 years old), the statute of limitations does not begin until they turn 21. This means they may have until their 24th birthday to file a claim.
  • Discovery Rule: In cases where the injury is not immediately apparent (such as latent injuries), the clock starts when the injury is discovered or should have been reasonably discovered.
  • Claims Involving Government Entities: If your injury involves a state or local government agency, you must follow different rules. Typically, a formal notice of claim must be filed within one year of the incident.
  • Mental Incapacity at the Time of Injury: The statute of limitations may be paused until the injured party recovers mentally.

What Happens If You Miss the Deadline?

If the statute of limitations expires before you file your personal injury claim, the defendant can request that the court dismiss your case, and the court is likely to grant that request. Once your case is dismissed, you will no longer be able to recover compensation for your injuries, regardless of how strong your case may be. The consequences of missing this deadline are severe, so it’s important to consult with an attorney as soon as possible to ensure your rights are protected.

Why Choose Ben Bowden, PC?

At Ben Bowden, PC, we are not afraid to roll up our sleeves and put in the hard work required to win your case. Our attorneys take a personalized approach to client representation, making sure every case is prepared for trial. Whether your case involves serious injury from a car accident or a slip and fall claim on the docks, we are ready to fight for the compensation you deserve.

Take Action Now, Contact Ben Bowden, PC for Help

If you've been injured in an accident, don’t wait. The clock is ticking, and your opportunity to get the compensation you deserve won’t last forever. Contact Ben Bowden, PC today for a free consultation. We’ll review your case, explain your legal options, and ensure all necessary steps are taken to file your claim on time. We’ll be there fighting right beside you for your rights and your future.